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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B03938 Mr. Kelletts case with the Society of Clements-Inn. Kellett, Mr. 1682 (1682) Wing K237A; ESTC R215544 4,917 5

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and offered the same to that Society gratis so as they would make a Lease to him of such part thereof as should not disturb or prejudice any mans person or interest there and yet leave Clements-Inn a Revenue of 100 l. per Annum Mr. Powel liked Kelletts proposition and said that though they had not money they would give him something for it thereupon Kellett proposed that he and his two Sons should be admitted of the Inner-Temple and have Chambers for their three lives with which Mr. Powel seemed well pleased but afterwards refused to proceed therein which disappointment proved very prejudicial to Kellett for had not he relied upon their acceptance of the Inheritance he had taken a Lease and so had been intituled to the favour and protection of the Earl as his Tennant Kellett finding his expectation frustrated and that Clements-Inn would not condescend to any reasonable terms brought and Ejectment to trie his title and moved the Court of Kings Bench for a plea or Judgment and then the Court conceived the matter fit to be composed and in order thereto Kellett gave Copies of his Case to all the Judges but Clements Inn persisting in their unreasonableness Kellett moved the Court again and then Mr. Justice Wild told the Society in open Court that they would neither go to Church nor stay at home for if they had a title Kellett should submit to them and if they had no title they might have one upon reasonable termes and so ordered Judgment unless they pleaded After a plea given and the Cause ready for Tryall the Principal and Ancient and others as a Society in February 1679 exhibited their Bill in Chancery and then got an Injunction to stay proceedings at Law and then the Lord Chancellor referred the matter to the Lord Chief Justice Pemberton being then but a puisny Judge to compose the difference if he could who being attended by both parties and altho Kellett did as he apprehends fully satisfie his Lordship of his undoubted title to all Clements-Inn yet he could not prevail with his Lordship to allow him what his building is worth and what he paid to the Earl of Clare and so nothing was done therein The Cause in Chancery being ready for hearing in Michaelmas Term 1680 the Principal and Ancients by motion put it off and exhibited another Bill against Kellett and Rogers to whom Kellett had Mortgaged his two Buildings and Rogers exhibited another Bill against Kellett and the Principal and Ancients And these causes coming to be heard on the 15th of November 1681 the Lord Chancellor without hearing any proofs in the Causes and without Kellett or his Councils consent ordered that Kellett should convey his Inheritance of Clements-Inn to the Society or to whom they should appoint They paying Kellett what he paid to the Earl with interest and making Kellett a Lease of the new building for sixty years at the Rent of 20 s. per annum and whereas Kellett had a term of nine years to come in a building called Dobbs his building the Society should make it up twenty one years that Kellett should pay Rogers's Mortgage mony with interest by Christmas 1682 or Rogers to hold absolute and on payment to reconvey to Kellett The Society refused to enter up the Order for some time because Kellett would not Consent thereupon Kellett by his Petition to the Lord Chancellor shewed for reasons why he could not consent for that the Society had agreed with Rogers to pay the Mortgage mony with interest well knowing that none out of Clements-Inn would buy Kelletts building and he not able to raise the Mortgage mony otherwise and so the Society would hold it absolute He therefore prayeth his Lordship to rehear the Causes or dissolve the injunction unless the Society would purchase the new building according to the particular of the Rent to his Petition annexed and make him such satisfaction for his damages as his Lordship should think fit that so he might discharge the Mortgage but nothing was done therein But the Society about the 25th of February last procured Mr. Devenish the Register to enter up the Order to be by Kellett and his Councels consent whereas there was no consent given nor any mentioned in the Minutes as by Affidavit appeareth Now the Society would have the world believe that the Decree is very advantagious for Kellett and that nothing in reason will satisfie him but in that particular he refers himself to the Judgment of every impartial Reader of this his Case For Kellett will make it manifestly appear that since the finishing of his Building for want of a title to enable him to dispose thereof and by reason of the Societies unjust vexation for eight years he hath been damnified 200 l. per annum towards satisfaction whereof and other his demands there is decreed no more than these particulars viz. 1. Kellett must convey his Inheritance at the Rate he paid for it with interest but no allowance made him for his expences and damages 2. Kellett is to have twenty years added in the new building more than the forty years and twelve years added in Dobbs's Building to make it up twenty one years which makes a great cry but little wool for it will not answer his charges in Chancery which are considerable 3. Kellett is to have his Rent of 12 l. per annum abated to 20 s. per annum and the Society take away a shop worth 10 l. per annum so there is very little abated 4. Kellett must Convey his Inheritance under hand and Seal to the Society and they will grant Leases to Kellett by way of Articles under their hands only upon which Articles Kellett can neither sue for his Rents nor for breach of Articles on their parts or dispose of the same whereas Builders in other houses have Leases under hands and Seals and may dispose of the same subject to their Covenants If Kellett may have but half his damages he will readily Convey his Inheritance at the Rate he paid for it with interest and perform his Contract to a tittle without expecting his terms to be enlarged or his Rent and Arrears abated The Society pretended they have not mony to pay Kellett whereas there are as many Buildings out of Lease as they may raise almost 1500 l. by disposing of them if the title was setled and for want of a title few Principals have made accounts but kept the Revenues of the house in their hands The reasons why Kellett puts this in print is because he hath been much misrepresented and aspersed in this affair as if he intended to dissolve the Society which was never in his thoughts neither doth he desire to make any further advantage by any procedure of his than to reinburse him his expences and damages and prevent his ruine which he hopes that the Lord Chancellor being fully satisfied of the truth herein related will in no wise suffer the Society to ruin Kellett and his Family which will be no advantage to them or prejudice if Kellett be relieved but compell the Society to do what his Lordship shall think most expedient according to Equity and Justice for the setling a final determination of all differences FINIS Printed for Richard Baldwin in the Old-Baily 1682.
Mr. Kelletts CASE WITH THE SOCIETY OF Clements-Inn KELLETT supposing the Principal and Ancients of Clements-Inn had good Title to the Inn did in July 1673 Contract with them for ground to build thereon for a Term of forty years at the Rent of 12 l. per Annum After Kellett had expended near 2000 l. in building the Earl of Clare claimed Title to the whole Inn and sent to Kellett to come to him before he went beyond the Seas and comply with his Lordship or else he would stop up his Lights Kellet acquainted the Principal and Ancients therewith desiring some of them to go with him to the Earl but they refusing to go Kellett did not thereupon the Earl reserved power in Mr. Marklands Lease to come into the ground adjoining to Kelletts building to stop up his Lights When the Earl was beyond the Seas he sent several Letters to his Steward to stop up Kelletts Lights if he would not comply That a building being begun to stop up Kelletts Lights he made known the same to the Principal and Ancients desiring them to prevent it but they refused saying they were not concerned till after Forty years Thereupon Kellett at his own charge moved in Chancery for a Writ of Nusance which was granted but the Earl moving against it and the Society not assisting Kellett the Lord Chancellor declared that it was not Clements-Inn building but Kelletts and wondred how he durst build without the consent of the Inner Temple Then Kellett Petitioned the Benchers of the Inner Temple setting forth his Contract and what the Lord Chancellor had said praying them to defend him from the Earl and Clements-Inn and he would perform his Contract and pay Rent to them That some of the Benchers advised Kellett to give a Copy of his Petition to the Principal and Ancients wishing them to come to the Benchers before the Petition was preferred which Kellett accordingly did but the Ancients refused to go saying that the Benchers had nothing to do with them in matters of Title but only relating to the Government of the Society Thereupon Kellett preferred his Petition to the Benchers who debated the matter at the Table whether they should make an Order for the Principal and Ancients to attend them in regard they had sent word to the Benchers that they had nothing to do with them as to Title therefore they directed their Chief Butler to go to the Principal and Ancients and desire them with Kellett to attend Sir John Trevor then Treasurer at his Chamber with some Benchers and the Principal and Ancients with Killett attending accordingly the Benchers did not pretend Title to Clements-Inn but wished Kellett to comply with the Principal and Ancients which Kellett never refused so as he might have a good Title or be defended from the Earl of Clare Then Kellett acquainted Mr. Justice Twisden with his Case and he and several others satisfied Kellett that the Title to Clements-Ins was in the Earl and unless he complied with the Earl he could not be safe and this was the motive that induced Kellett to comply with the Earl although it has been falsly reported that Kellett was the first promoter of the Earls Title to be rid of his hard bargain and to avoid his Contract but the contrary is notorious for Kellett opposed the Earl to his uttermost and never entertained thoughts of a compliance until he was deserted by the Principal and Ancients they refusing either to defend or give him any assistance and being thus exposed he thought it behoov'd him to consult his own security in the best way he could being in no wise able to withstand the proceedings of the Earl who had caused some of Kelletts Lights to be stopp'd up and threaned to stop up more And so far was Kellett from endeavouring to avoid his Contract that before the Earl pretended Title Kellett tendred to the Principal and Ancients a draught of Articles such as they usually made but they refused to Execute the same upon pretence Kellett had taken more ground then was agreed on although the same was done by the Consents of some of the Ancients and is in truth a benefit to the Society but a prejudice to Kellett That Kellett suffering under so great extremity repaired to the honorable Mr. Peirpoint and others the Earls Trustees the Earl being then beyond the Seas and agreed with them for a Lease of all Clements-Inn for a 100 years at the Rent of 20 l. per Annum but as soon as this Agreement was known and that the Earl had ordered Kellett his assistance as his Tennant the Principal and Ancients ordered that unless Kellett would desist from further proceeding with the Earl and comply with them that Kellett should be expelled the Society and Padlocks set upon his Chamber door which was accordingly done and Kellett breaking off the Padlock was upon the complaint of the Principal and Ancients summoned before the then Lord Chief Justice Hales and Kellett offered by Rule of Court to submit the matter to his Lordships Award but his Lordship refusing to undertake the same advised Kellett to comply with the Principal and Ancients which he was willing to do so as he might be defended from the Earl although he was like to be a great looser by the Building In answer whereunto it was pretended by Mr. Edward Garrard one of the Ancients that Kellett would be gainer for that the building was worth above 2100 l. and Kellett for quietness sake offered to take less by 300 l. which offer his Lordship advised the Principal and Ancients to accept and pay the mony but they pretending they had no money his Lordship being unsatisfied with that excuse said had no person in Clements-Inn money to buy a good Bargain advising them to close with Kellets offer and let him hear no more of it but they refused to comply and his Lordship died The matter thus resting undetermined Kellett upon the Earls return into England went to a Bencher of the Inner Temple to advise about his Lease who told Kellett that he could not be of Counsel against Clements-Inn because they had some dependance upon the Inner Temple whereupon Kellett desiring him to advise such a Lease as they would accept he advised Kellett rather to buy the inheritance than take a Lease for that he was confident the Inner Temple would accept of the Inheritance Thereupon Kellett with much difficulty prevailed with the Earl to sell his Inheritance upon Kelletts promise that if he parted with it it should be to the Inner Temple For that the Society of Clements-Inn had much affronted the Earl in refusing to pay Rent pulling down his Arms and denying his Lordships Tenants liberty to go through the Inn in the day time which is reserved in Kelletts Conveyance from six in the morning till nine at Night except Sundays in Church time After Kellett had purchased the Inheritance he repaired to Mr. Powel then Treasurer of the Inner Temple